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Senate Study Bill 2253

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 299.5A, Code 1995, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    299.5A  PROSECUTION.
  1  5    If a child is truant as defined in section 299.8, school
  1  6 officers shall attempt to find the cause for the child's
  1  7 truancy and use every means available to the school to assure
  1  8 that the child attends school.  If the parent, guardian, or
  1  9 legal or actual custodian, or child refuses to accept the
  1 10 school's attempt to assure the child's attendance or the
  1 11 school's attempt to assure the child's attendance is otherwise
  1 12 unsuccessful, the truancy officer shall refer the matter to
  1 13 the county attorney for prosecution.
  1 14    Sec. 2.  Section 299.6, unnumbered paragraph 1, Code 1995,
  1 15 is amended to read as follows:
  1 16    Any person who violates a mediation agreement under section
  1 17 299.5A, who is referred for prosecution under section 299.5A
  1 18 and is convicted of a violation of any of the provisions of
  1 19 sections 299.1 through 299.5, or who violates any of the
  1 20 provisions of sections 299.1 through 299.5, or who refuses to
  1 21 participate in mediation under section 299.5A, for a first
  1 22 offense, is guilty of a simple misdemeanor.
  1 23    Sec. 3.  Section 299.6, unnumbered paragraph 6, Code 1995,
  1 24 is amended by striking the unnumbered paragraph.
  1 25    Sec. 4.  Section 299.11, unnumbered paragraph 2, Code 1995,
  1 26 is amended to read as follows:
  1 27    The truancy officer shall promptly institute proceedings
  1 28 against any person violating any of the provisions of sections
  1 29 299.1 through 299.5A 299.5.  
  1 30                           EXPLANATION
  1 31    This bill strikes language from the Code relating to
  1 32 mediation as an option available to a truancy officer who is
  1 33 referring a truancy matter to a county attorney.
  1 34    Currently, if a school's attempt to ensure the attendance
  1 35 of a child is unsuccessful, a truancy officer must refer the
  2  1 truancy matter to a county attorney for mediation or
  2  2 prosecution.  The bill strikes the mediation language,
  2  3 requiring the truancy matter to be referred to the county
  2  4 attorney for prosecution.
  2  5    Also, currently, if a parent, guardian, or legal or actual
  2  6 custodian of a child who is truant has filed an affidavit
  2  7 listing the reasonable efforts made by the person to cause the
  2  8 child's attendance, the person shall not be criminally liable
  2  9 for the child's nonattendance.  The bill strikes this language
  2 10 from the Code.  
  2 11 LSB 4236SC 76
  2 12 kh/jw/5
     
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